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Council accepts committee resignation after dispute over airport flight‑log reports; attorney warns about speech‑related liability

Manchester City Council · August 12, 2024
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Summary

Following disputed flight‑log reports and internal disagreement, the council accepted a committee member's resignation effective Jan. 1, while the council attorney cautioned that taking action based on speech could create a civil‑rights exposure under federal law.

The council discussed allegations that a volunteer committee member provided flight‑log information that others said was inaccurate or misinterpreted, and then voted to accept the member’s resignation effective Jan. 1.

Council members raised concerns that the committee member’s presentation of flight logs had been interpreted differently by several council members and committee members; one councilmember said what was presented was “not 100% factual.” In discussion, Mr. Peters—who spoke at the mayor’s request—warned the council to be careful about taking adverse action in response to speech. He said that while typical whistleblower statutes may not apply to a volunteer, ‘‘the federal government 1983 civil rights actions would still apply’’ in cases where action could be seen to punish or deter protected speech. He urged caution because a civil‑rights claim, though uncommon in his experience, could be filed if a person is penalized for exercising free speech.

Council members also reported that some committee members told the mayor they intended to ask the member to resign; the mayor said the position is a mayoral appointment and that accepting the resignation effective Jan. 1 would allow time to identify a replacement. The motion to accept the resignation carried on a recorded vote (several members recorded yes; Linda voted no).

What’s next: The council accepted the resignation and will coordinate the mayoral appointment process to fill the vacancy. The council was counseled by Mr. Peters to document rationale for actions to reduce legal risk and to avoid taking disciplinary action that could be construed as retaliation for speech.